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Resolution No. 95-54 CITY OF TIGARD, OREGON, RESOLUTION NO. 95- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B (ZCA 95-0004) . WHEREAS, the Tigard City Council held a hearing on October, 24, 1995, to consider the annexation of one parcel consisting of 0.53 acres located at the southwest corner of SW Gaarde-Street and SW 114th Avenue; acid WHEREAS, the proposed annexation constitutes a minor boundary change under Boundary Commission law ORS 199.410 to 199.519; and WHEREAS, the Tigard City Council is authorized by ORS 199.490(2) (a) (B) to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory p�__cpcs ed to be annexe'; and WHEREAS, the property which lies within the boundary of the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1 and the Washington County Vector Control District would, by operation of ORS 199.510, be automatically withdrawn from those districts immediately upon completion of the annexation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Council, pursuant to ORS 199.490 (2) (a) (B), hereby initiates proceedings for annexation to the City of Tigard of the territory described in Exhibit A and illustrated in Exhibit B. Section 2: The City Council hereby approves the proposed annexation and requests that the Portland Metropolitan Area Local Government Boundary Commission approve the proposal and effect it as soon as possible. Section 3: The City Recorder, is hereby directed to file certified copies of the resolution with the PortlAid Metropolitan Area Local Governmen Boundary Co miss' n at once. PASSED: This c;W day o V 1995. - City of Ti and ATT T: City Recorder - City of Ti rd o��4tl�s 49 Date RESOLUTION NO. 95-_P Page 1 STAFF REPORT EXHIBIT A October 24, 1995 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Zone Change Annexation 95-0004 REQUEST: To annex one parcel of 0.53 acres of unincorporated Washington County land to the City of Tigard andLty change he ... fr^ Washington County R-5 to City of�TigardR-4.S. APPLICANT: Rick and Paula Snook 114.30 SW Gaarde Street Tigard, OR 97224 OWNERS: Same LOCATION: The southwest corner of SW Gaarde Street and SW 114th P_venue WCTM 2S1 10APy lot 4000 (see vicinity exhibit map) 2. Vicinity Information Properties to the north and east are in the city and zoned R-4.5. Properties immediately to the south and west are in Washir�gton County R-5. These parcels have single family residences on them. 3. Backgrcand Information The applicants approached the city with a request to annex the property. No previous applications have been reviewed by the city relating to these properties. 4. Site Information and Proposal Description The site slopes gently downward from northwest to southeast at a 5-7o grade. There are no remarkable natural features on the site. There is one single family house on the northern' portion of the site. The site has approximately 150 feet of frontage along Gaarde Street, which is functionally classified as a major collector. 1 , The applicants have requested that the site be annexed to the city by means of the double :majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (1005.'Y) of the area proposed to be annexed, the applicants have initiated this action through their- written heirwritten consent. The applicants intend to partition the parcel after annexation to the city. The proposal includes the request to initiate annexation to the city and to change the zone only on the property. Because the property is in the city's Active Planning Area, it has already been assigned a Tigard Comprehensive Plan designation, which is Low Density Residential. 5. Agency Comments The Engineering Division, Tigard Police and Water departments, PcE and Cencral Telephone have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code chapters 18.136 and 18.138_ Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed parcels, is sarisfped because the Police Department, Engineering, Water Department, L'SA and TVF&R have reviewed the proposal and indicate that adequate services are available and may be extended to accommodate the affected property_ 3. Policy 10.1.2, boundary criteria for annexations, is satisfied because the proposal will not create a boundary irregularity in this area; the Police Department has been notified of this request and has no objection; the affected land is located within the city's urban planning area and is contiguous to the city boundary; and adequate services are available to accommodate the property. 2 4. Policy 10.1.4, zoning designation, is satisfied because the affected parcel will be designated as R-4,.5, which is the most closely conforming zoning designation to the existing Washington County zoning of R-5. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following fin.,tngs 1. Code Section 18.136.030, requiring approval standards for annexation proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable comprehensive plan policies and code pr. .-jS4ons ha.c been reviewed and satisfied. C. The zoning designation of R-4.5 most closely conforms to the county designation of R-5 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The. determination that the affected property is an established area is based on the standards in Chapter 3.8.138 of the code. 2. Code Section 18.138, providing standards for the c-lassi fi Nation of annexed land, is satisfied because the property shall be designated as an established area on the development standard areas map of the comprehensive plan. C. RECOMMENI)AT ION Based on the findings noted above, the planning staff recommends approval of ZCA 95-0004. 3 a EXHIBIT B az i E LLJ VIE- BE F RL V ICI PI1TY MAP VNthh Ctly umYc i ® Arzona,a 1.bo Annexed NOTE:MAP IS NOT TO SCALE h ZChange from Washington County tis m Tacaro ones